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<br />Cit)' oj SUfi/I)' Isles Beac" <br /> <br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />with confirmation receipt (with a copy simultaneously sent by certificd or registered mail, first class <br />postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier <br />service), addressed to such party as follows: <br /> <br />If to the Citv: A. John Szerlag With a copy to: <br /> City Manager Hans Ottinot, <br /> City of Sunny Isles Beach City Attorney <br /> 18070 Collins Ave. City of Sunny Isles Beach <br /> Sunny Isles Beach, Florida 33160. 18070 Collins A venue <br /> Ph: 305-947-0606 Sunny Isles Beach, Florida 33160, <br /> Ph: 305-947-0606 <br />If to the Roy Bustillo <br />Contractor: Emergency Management Controls, Corp, <br /> 70358 SW 47'11 Street <br /> Miami, FL 33155 <br /> Ph: 305-667-9868 <br /> Fax: 305-666-2450 <br /> <br />14, GOVERNING LAW: The validity of this Agreement and the interpretation and performance <br />of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, <br />without regard to principles of conflict of laws thereof. The location of any legal action or proceeding <br />commenced under or pursuant to this Agreement shall be in Miami-Dade County, Florida. <br /> <br />15. REMEDIES FOR BREACH: Should Contractor fail to perform. City shall notify Contractor <br />in writing of such failure to perform and Contractor shall have ten (10) days of receiving such notice to <br />cure such failure, If Contractor is unable to cure such railure to perform, then City shall receive a <br />refund from the Contractor in an amount cqual to the actual cost of a third party to cure such failure. <br />The City may sue for damages in circuit court. If Contractor fails, refuses or is unablc to perform any <br />term of this Agreement, City shall pay for services rendered as orthe date of termination. <br /> <br />16, ATTORNEY'S FEES: If this matter is placed in the hands of an attorney for collection, or in <br />the event suit or action is instituted to enforce any of the terms or conditions of this agreement, the <br />losing party shall pay to the prevailing party, in such suit or action in both trial court and appellate <br />court, together with reasonable attorney's fees for the anticipated cost of collection and judgmcnt <br />enforcement. <br /> <br />17. MISCELLANEOUS: <br /> <br />A. In the event any provision of this Agreement is round to be void and unenforceable by a <br />court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be <br /> <br />C00607-022 Emergency Mamgcmcllt Conlro]s. Corp. - Traffic Lights-On Clllltrol Panel Agreemellt <br /> <br />5 <br /> <br />SIB <br />